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Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) (Chhattisgarh Amendment) Act, 2021

Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) (Chhattisgarh Amendment) Act, 2021

Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) (Chhattisgarh Amendment) Act, 2021

 

[01 of 2023]

[10th February 2023]

An Act further to amend the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (No. 34 of 2003) in its application to the State of Chhattisgarh.

Be it enacted by the Chhattisgarh Legislature in the Sixty-second Year of the Republic of India, as follows:-

Section - 1. Short title and commencement

(1)     This Act may be called the Cigarettes and Other Tobacco Products (Prohibition of advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Chhattisgarh Amendment) Act, 2021.

(2)     It shall come into force from the date of its publication in the Official Gazette.

Section - 2. Amendment of Section 3


After clause (e) of Section 3 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (No. 34 of 2003), (hereinafter referred to as the Principal Act), the following shall be inserted, namely:-

"(ee) "hookah bar" means an establishment where people gather to smoke with tobacco and/ or any other flavour from a community hookah or narghile which is provided individually and/ or group;"

Section - 3. Insertion of new Section 4A and 4B in Act 34 of 2003


After Section 4 of the Principal Act, the following shall be added, namely:-

4A. Prohibition of hookah bar.-

Notwithstanding anything contained in this Act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar or serve hookah to customers in any place, including eating house.

Explanation.-The term "eating house" means any place where food or refreshment of any kind are provided for visitors, and sold for consumption.

4B. Prohibition of smoking through hookah in hookah bar.-

No person shall smoke through hookah or narghile in any community hookah bar."

Section - 4. Amendment of Section 12.


In sub-section (1) of Section 12 of the Principal Act,-

(i)       in clause (b), for the punctuation full stop ".", the punctuation semi colon and word ";or" shall be substituted.

(ii)      after clause (b), the following shall be added, namely:-

"(c) Where any hookah bar is being run."

Section - 5. Insertion of new Section 13A in Act 34 of 2003


After Section 13 of the Principal Act, the following shall be added, namely:-

"13A. Power to seize in case of hookah bar.-

If any Police officer/Excise officer, not below the rank of a Sub-Inspector, authorized by the State Government, has reason to believe that the provisions of Section 4A have been, or are being, Contravened, he may seize any material or article used as a subject or means of hookah bar."

Section - 6. Insertion of new Section 21A in Act 34 of 2003


After Section 21 of the principal Act, the following shall be added, namely:-

"21A. Punishment for running hookah bar.-

Whoever Contravenes the provisions of Section 4A shall be punishable with imprisonment which may extend to three years but which shall not be less than one year and with fine which may extend to fifty thousand rupees but which shall not be less than ten thousand rupees.

21B. Punishment for smoking through hookah in hookah bar.-

Whoever Contravenes the provisions of Section 4B shall be punishable with a fme which may be upto five thousand rupees but which shall not be less than one thousand rupees."

Section - 7. Insertion of new Section 27A in Act 34 of 2003


After Section 27 of the Principal Act, the following shall be added, namely:-

"27A. Offence under Section 4A to be cognizable and non-bailable

Notwithstanding anything contained in this Act, an offence under Section 4A shall be cognizable and non-bailable."